Live and Learn, I guess

One day after I requested my images be reinstated as UBISOFT never filed any charges in the 14 days, and I had proven that my images predate their game, so couldn’t be derivitave of their game, and UBISOFT doesn’t own the copyright to the words/phrase “Assassin’s Guild Meeting”, the three photos that received a takedown notice from UBISOFT have been reinstated. For that, I am grateful.

What I’m not so grateful about is how I was “guilty until you prove yourself innocent”, and what I had to go through to prove I wasn’t guilty of intellectual property infringment/theft. That someone can make a false claim, and Redbubble didn’t even look, just removed access to the images.

Another photo hosting site received the same takedown notice. Looked at my images, looked at the claim, told UBISOFT their claim had no merit, dismissed their claim, and that was it.

I’ve been with RedBubble almost since it’s inception. While I don’t expect favored or special treatment, this “guilty until proven innocent” has made me rethink putting up any more Concept Photoshoot images.

Comments

  • BYRON
    BYRON9 months ago

    You are not guilty until proven innocent.

    Its abobut removing work from a website until such time as a decision is reached … because knowingly publishing work that breaches copyright carries quite a large penalty for websites.

    RB aren’t targetting you, or being mean or anything, It is a legal obligation to remove the work promptly upon receiving a DMCA Takedown Notice. If RB failed to do so, they would be making themselves legally liable.

    Don’t blame the system, blame the millions of talentless hacks that think its ok to steal other people’s work and make money from it.

    Its their fault that laws like DMCA2?OCILLA were brought into effect.

    As painful as the process may be, it also serves to protect you from other scavengers who would steal your work.

    … Its also better than being sued in the first instance.

  • ""Its abobut removing work from a website until such time as a decision is reached "

    In other words, guilty until proven innocent. Other hosting site looked at the take down notice, looked at my images, and informed UBISOFT their claim had no merit. The automatic take down, right around the holidays, meant I had to spend time, effort and money to prove I had done nothing wrong.

    Also, I never said RB ‘targeted’ me, but if they took time to read the take down notice, then navigate to my images, with the day/month/year they were taken…

    Regardless, I will think twice before uploading another concept photo shoot here.

    – Sandra Chung

  • BYRON
    BYRON9 months ago

    Sandra, RB are just following their legal obligation. It is not their place to check the work or check that the DMCA notice is accurate. They don’t have the time or the resources.

    No-one is saying that you are guilty, work is removed because in most cases it is probably illegal, and if it is found not to be after following the process – then the system has worked.

    Its not great, but its better than other options.

    That having been said, I read that roughly 75% (give or take) of all DMCA Takedown Notices are invalid, and that is probably because copyright owners employ Agents to send out notices on their behalf. Thes “agents” get a flat fee for every notice they send. They don’t give a damn if its valid or not… they don’t have the time to check anyway. Maybe perhaps an image is in violation of copyright? … Send a DMCA Notice and pocket $20 !!!

    Yeah you had to do some work, which is a real pain, but the system worked for you and that’s great. Without DMCA2/OCILLA there could be no RedBubble.